Court Proceedings During COVID-19

On December 14, 2020, Chief Justice Cheri Beasley issued an Order containing a variety of Emergency Directives.

Below are portions that pertain to the areas of practice at Pisgah Legal Services:

1. ALL court proceedings (including summary ejectment [eviction and foreclosures] are rescheduled until January 14, 2021 or later unless:

  1. Proceeding can be conducted remotely
  2. Necessary for due process of law (bond hearings, etc.)
  3. Proceeding is for emergency relief including Domestic Violence Protective Orders, Temporary Restraining Orders, and Custody Orders

2. DO NOT go to the courthouse unless you have business there, and do not prolong your visit.

3. Court documents can be affirmed instead of notarized.

4. No jury trials unless a jury has already been empaneled.

5. Filing by mail is encouraged and an additional 5 days is added to timeframes when filing is done by mail.

6. Writs of possession for non-payment cases [evictions for non-payment] can only issue if there is an attached CARES ACT affidavit.